Stefanich v. Beaver Falls
Stefanich v. Beaver Falls
Opinion of the Court
Opinion by
The plaintiffs, who are individual proprietors of certain pool rooms, billiard rooms and bowling alleys in the borough of Beaver Falls, filed this bill in equity to restrain the enforcement of an ordinance of said borough providing for the licensing and regulation of pool rooms, billiard rooms and bowling alleys, alleging that said ordinance is illegal, unreasonable and void. Upon presentation of the bill accompanied by injunction affidavits and bond a preliminary injunction was granted restraining defendants from enforcing the ordinance. Subsequently, on motion of defendants the court dissolved the injunction, from which order Michael Stefanich has appealed.
Our established practice in such cases is not to consider the merits of the case but only to determine whether under the facts presented in the common pleas there was reasonable ground for the action of the court? Davis v. Porch Bros., 268 Pa. 376; Beetem v. Carlisle Light, Heat and Power Co., 265 Pa. 128; Hoffman v. Howell, 242 Pa. 112.
We have carefully considered the facts disclosed by the record and think there were reasonable grounds for the action of the court below and the appeal is accordingly dismissed at the costs of the appellant.
As the question was not raised, we do not pass upon the right of the plaintiffs, whose interests appear to be several and distinct, to file a joint bill in equity.
Reference
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- Equity — Practice—Preliminary injunction — Dismissal—,-Appeal. On an appeal from a decree dissolving a preliminary injunction, the Superior Court will not consider the merits of the ease, but only determine whether, under the facts presented in the common pleas, there were reasonable grounds for the action of the court. Where there were such reasonable grounds for the dismissal of the bill, the decree of the court below will be affirmed. Borough code — Act of May Jj, 1915, P. L. 812, chapter V, article I, section 2, subdivision XXV — Pool rooms — License—Tax—Authority of borough to levy tax. Under the Act of May 14, 1915, P. L. 312, chapter V, article I, section 2, subdivision XXV, (Borough Code), and its amendment of July 6,1917, P. L. 704, boroughs have the right, as part of their general powers, to regulate and license and to fix the time of opening and closing of pool rooms, billiard rooms and ten pin alleys.